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`Case 4:09-cv-01827 Document 433 Filed in TXSD on 07/25/12 Page 1 of 190
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`454
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`09-CV-1827
`Houston, Texas
`
`12:11 p.m.
`July 24, 2012
`
`*
`*
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`**
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`***
`
`WESTERNGECO LLC
`VS.
`ION GEOPHYSICAL
`CORPORATION, FUGRO
`GEOTEAM, INC., ET AL
`
`JURY TRIAL
`Volume 2
`Afternoon Session
`BEFORE THE HONORABLE KEITH P. ELLISON
`UNITED STATES DISTRICT JUDGE
`
`APPEARANCES:
`FOR THE PLAINTIFF:
`Lee L. Kaplan
`SMYSER, KAPLAN & VESELKA, LLP
`700 Louisiana, Suite 2300
`Houston, Texas 77002
`713.221.2300
`
`Gregg F. LoCascio
`KIRKLAND & ELLIS LLP
`655 Fifteenth Street Northwest
`Washington, DC 20005
`202.879.5290
`
`Sarah Tsou
`Timothy K. Gilman
`KIRKLAND & ELLIS LLP
`Citigroup Center
`153 East 53rd Street
`New York, New York 10022
`212.446.6435
`
`Johnny C. Sanchez, RMR, CRR - jcscourtreporter@aol.com
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`Case 4:09-cv-01827 Document 433 Filed in TXSD on 07/25/12 Page 56 of 190
`Direct-Bittleston/By Mr. Gilman
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`509
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`realign the birds so that this line matches up with the
`Line 46. So it starts just turning a little bit, in this
`case, so that it's lined up with 46, and we change
`actually the total force so it matches the arrow 46. So
`it's explaining how to go from one position to another.
`Dr. Bittleston, did you invent the idea of trying to
`Q.
`put a lateral force on a cable?
`A.
`No, I did not. There are many devices. I mentioned
`the monowing, which was before this, and other people had
`thought of trying to move cable sideways.
`Did you invent the idea of trying to use a device to
`Q.
`move one of these streamers?
`A.
`I invented a particular embodiment, a particular
`device, to move streamers sideways, which was a tooling in
`a natural bird which had independent wings.
`Is that the subject matter of these patents in suit?
`Q.
`A.
`No, this is actually not the subject at all, although
`there's a patent about it. The subject matter is about
`not any particular device, I've shown you one particular
`device. It's actually about how the move the whole thing
`together. It's irrelevant respective of which device is
`on the cables. These patents have nothing to say about
`which device is on the cable, just that there are devices
`that can move them, and they explain how to go about
`managing a couple of hundred of these birds at the same
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`Johnny C. Sanchez, RMR, CRR - jcscourtreporter@aol.com
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`Case 4:09-cv-01827 Document 433 Filed in TXSD on 07/25/12 Page 125 of 190
`Cross-Bittleston/By Mr. Burgert
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`578
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`making solid streamers and things like that. So we looked
`at the number of different areas. This was one of them.
`And I think you told Mr. Gilman that others before
`Q.
`you had looked at ways to move streamers laterally; is
`that right?
`A.
`Of course, because the streamers are moved laterally
`by monowings, They existed before. In fact, the first
`time people started to move cables sideways like this was
`the second world war for minesweepers. So you know, the
`history of devices that pull cables sideways is a very
`long history.
`So any statement that you invented lateral steering
`Q.
`is just wrong?
`A.
`Yes. I am not the inventor of laterally steering.
`I'm an inventor of a global control system.
`And the global control system is software in a
`Q.
`computer, isn't it?
`A.
`It's rather more than that. There's many components
`of what I call an overall control system. It's the
`methods by which you're going to do it. It's the
`measurements you're going to need to do it and the other
`devices. But it depends on your terminology, I think, and
`how you -- what you encompass in that statement.
`All right. Well, one of the -- and the reason I
`Q.
`asked that is because, in response to one of Mr. Gilman's
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`03:08:58
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